How to protect rights in the trap of franchise contract fraud

How to protect rights in the trap of franchise contract fraud

What should I pay attention to when I am cheated?

The most important thing to join the rights protection is to be quick.

Whether it is the time to terminate the contract or the time to sue, it must be fast.

The first is the time to propose termination. According to Article 12 of the Regulations on the Administration of Commercial Franchise, the franchisee has the right to unilaterally terminate the contract within a reasonable period after the contract is signed, and does not need to bear the liability for breach of contract. However, there is no clear stipulation on how long the reasonable period is. In judicial practice, the cognizance of local courts varies greatly, provided that the other party's business resources are not actually used. Therefore, if the franchisee reneges after signing the contract, he must inform the company to terminate the contract as soon as possible, so as not to miss the cooling-off period and affect the refund.

The second is the time of prosecution. In fact, suing the court for rights protection is also a helpless move. Once you enter the court stage, you must go through the procedure, which will take a lot of time. From preparing litigation materials, applying for filing a case, serving litigation materials on the defendant, arranging a court session, hearing and receiving the judgment, it takes as little as four or five months and as much as eight or nine months. After receiving the judgment of the first instance, any party who refuses to accept it may appeal. After the appeal, all the procedures of the first instance have to be repeated. The data transfer time between the court of first instance and the court of second instance is sometimes as long as four or five months, and the whole litigation time is very long. If you sue early, you can finish the process early, get the winning judgment, and then apply for enforcement, so as to avoid that the company will go to the building before the litigation process is finished, and finally win the lawsuit and get no money.